USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 7
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These noblemen were well grounded in the prin- ciples of civil liberty recognized at the revolution in
* For the answers of these Noblemen, see appendix No. 2.
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1689, when the dynasty of the Stuarts was put down in England, and those statesmen who advocated the rights secured to the subjects by Magna Charta, were raised to places of power in the nation. The great constitutional principles, then acknowledged, how- ever were frequently disregarded by ministers, at sub- sequent periods, and through their influence, by the Parliament also. George the Third, although an es- timable private character, entertained high notions of the power and prerogatives of the crown : And the administration in 1764 and 1765, was so devoted to his views, or agreed so well with him in their prin- ciples of government, that they made great en- croachments on the rights of the subjects. The doc- trines they advanced, though more particularly appli- cable to the government of the colonies, were highly alarming to the friends of liberty in England : And they, therefore, espoused the cause of America, and opposed the extravagant claims of the royal party. A partial change of administration was the conse- quence ; and milder measures were proposed. But the friends of the old ministry were still powerful ; and their influence was so great as soon again to re- vive the policy of governing the provinces, by the exercise of supreme and unlimited power in the parent state. There was, at this time, a great strug- gle for place and power between these two political parties : And it was expected the former ministers, or their political friends would form a new adminis- tration. No such thorough and formal change was effected. The royal party, exerted an influence very inauspicious to the rights of the colonies. And the conduct of ministerial agents and their friends in Massachusetts served rather to prevent than to re- store perfect harmony among the people. It was unfortunate, perhaps, for the British government; it was certainly unfavorable to the tranquillity of the province, that such men as governor BERNARD, and Mr. HUTCHINSON, the lieutenant governor, who was
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also the chief justice, were the official advocates for administration. Mr. BERNARD had not so much of intrigue as some politicians ; but he insisted on un- qualified submission in the Assembly, both to acts of Parliament and ministerial instructions; and he was so unguarded and incorrect in his declarations that he often disgusted and offended the most intelligent people : His speeches were such as called for re- marks, by way of apology or vindication of the con- duct of the Assembly, which were displeasing to ad- ministration and unpleasant to the royal ear. Mr. HUTCHINSON, though more plausible in his deport- ment, was considered very selfish and ambitious. He was not only ready to apologize for the measures of the British administration; but he was disposed to assume and exercise more power than suited the republican views of the representatives. He claim- ed a seat at the Council Board, though not elected a member of that body for 1766: And when the House declared their opinion of its impropriety, he still insisted on a right, and addressed a labored ar- gument to the Governor in support of his preten- sions. The Governor favored the opinion and the claim of Mr. HUTCHINSON, and produced some in- stances, as precedents, to justify it. But the House persevered in their objections, and pleaded that the Lieutenant Governor as such had no constitutional right to a seat at the Council Board, except on the death or necessary absence of the Governor, when he would be commander in chief; unless elected by the Representatives, as were the other Counsellors, agreeably to the provisions of the charter. They appealed to the Council Board, for their opinion ; who, though not disposed to censure the Lieutenant Governor, for his having once taken a seat at the Board, were of opinion that he had no right to it ; and declared to the House, that they should consider it their duty to object, and to prevent it. It was pretended by Mr. HUTCHINSON, that he did not
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claim a seat for the purpose of giving any vote ; but from respect to the Governor on the occasion, of his making a speech to the Assembly. But the House justly observed, that such a consideration would jus- tify any public officer in the province, in taking a seat in that branch of the Assembly.
This conduct of Mr. HUTCHINSON was the more exceptionable, and the more displeasing to the House of Representatives, as they had purposely omitted to elect him a Counsellor for that year. He had long been a member of the Council: But it was known that his influence there was very great; and that it was not exerted in accordance with the views of the majority of the House. His sentiments on government were not in harmony with the advocates for civil liberty in the province ; and he had, on most occasions, attempted to justify the obnoxious measures of the British administration. At the election of Counsellors, in May,. 1766, the House did not choose T. HUTCHINSON, A. OLIVER, B. LYNDE, E. TROWBRIDGE and P. OLIVER ; who were of the Board the year preceding, and most of them for several years : But elected gentlemen in their room, who they believed more friendly to the liberties of the province. On proceeding, soon after, to the Council Chamber, to attend to an address from the Governor, which was then customary, they observed Mr. HUTCHINSON at the Board, as on former occa- sions, when he was a member. The representatives were surprised and indignant at this unexpected conduct. They remonstrated against the propriety and legality of the behavior ; nor were satisfied, until they received the official declaration of the Council, as above mentioned, that they should not permit his having a seat at the Board.
This independent conduct of the representatives, in placing gentlemen, whose sentiments and views were in harmony with their own, at the Council Board, instead of some who had formerly had seats
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there, gave offence to the Governor: and he not only negatived those thus newly elected,* but in his public address to the General Assembly, on the fol- lowing day, he adverted to the circumstance with great severity and warmth ; and pretended that the measure was proof of a factious temper in the repre- sentatives, and a formal oppugnation of the royal authority. This constitutional act of the House, he represented indeed as "an attack on the government in form :" and for this, he predicted, if he did not expressly threaten them with, the royal displeasure. The House justified their conduct in a firm but temperate manner; and insisted, that they had only exercised a right secured them by charter. At the same time, they observed, that it was incompatible with the public service, that the judges should form a part of the Legislature, which often interfered with the discharge of their judicial functions and duties.
On this occasion, the Council returned a separate answer to the speech of the Governor, in which he ' had complained of the election of some new members of the Board, and represented the measure as " a formal and direct attack on the King's prerogative and the authority of the parent government :" In which, with great dignity and energy, they asserted the propriety of this proceeding ; and repelled the unfounded charges of his Excellency with much firm- ness and spirit. They insisted, that a constitutional right had been exercised ; and as they believed, with the best intentions and for the public good. In referring to the riots of the past year, and recom- mending legal provision for a compensation to the sufferers, he had more than intimated, that the Coun- cil had been remiss in their attempts to suppress the tumults ; and that, with their aid and countenance, he might have detected and punished the leaders :
* They were, S. Dexter, J. Bowers, J. Otis, J. Gerrish and T. Saun- ders. J. Otis, jr. was chosen Speaker this year ; but not approved by governor Bernard.
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They declared their abhorrence of such proceedings ; their readiness to assist in preventing or suppressing them ; their belief that the tumults were approved by no members of the government; and their firm opinion of the loyalty and good disposition of the people at large through the province. Some ex- cesses, they observed, would happen in free govern- ments, especially when the citizens were oppressed ; and it should, therefore, be the care of rulers to govern with discretion and justice.
This was a most indiscreet and improper interfer- ence, on the part of the Governor, with the rights of the House : and in this, as well as in his endeavors to vindicate the Lieut. Governor, for taking a seat at the Council Board, when he had not been elected a Counsellor, his conduct was justly condemned, not only by a majority of the House, but by all impartial men in the province. In some instances, however, it must be admitted, that the House of Representa- tives were chargeable with a jealous disposition, which inclined them to censure the Governor with- out sufficient reasons. But there had now, for nearly two years, been an unhappy disagreement between him and the representatives of the people ; and in their public official intercourse there was discovered far less of a spirit of candour and magnanimity than of suspicion and crimination. The House complain- ed, with little justice it would seem, that the Gov- ernor had ordered two acts of the British Parliament, relating to American affairs, to be printed with the laws of the province, and had also caused to be pub- lished a proclamation of the Governor of Newfound- land, stating some improper conduct in the citizens of the province, who were concerned in the cod fishery in that quarter. The motives, however, which induced them to complain of this conduct, were no doubt, highly commendable. They were anxious to resist every encroachment on their rights and privileges, by ministerial agents. And their
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posterity are greatly indebted to them for the jealous concern, with which they guarded the liberties of the province.
The proceedings of the General Assembly had now become very interesting to the whole body of the people : and although important acts and reports were given to the public, through the newspapers, many were desirous of hearing the debates in the House of Representatives. A gallery was accord- ingly provided, by their order, in June, 1766, for the citizens who might choose to attend. There were, at this time, many able and eloquent speakers in the House. And those who listened to them must have received important information, and have had their patriotic feelings aroused in the cause of liberty.
CHAPTER VI.
Restrictions and difficulties of trade-Custom-House Officers-People discontented-Non-importation agreements-Mutiny Act, and law for stationing troops in the province-Governor in favor of a military force-Views of government by Representatives-Dispute continues -Difference of opinion in England-Oppressive laws remain-Minis- ters divided-America not settled and defended at expense of Great Britain-Military increased-General Court dissatisfied and refuse to support them-Dispute with the Governor about the Agent-Good faith of the province towards the Indians-Apprehensions of Episco- pacy-No relaxation of oppressive laws-Boundary line with New- York-Slave trade.
THE difficulties and embarrassments attending the commercial interests of the province, at this time, served to increase the dissatisfaction and com- plaints of the people. Restrictions on their trade of different kinds had existed, and been stated with hope of relief, from the year 1764. Before that period even, some acts had been passed, which had been considered unequal and burdensome : but they had not been rigidly executed. In 1764, the Gen- eral Assembly stated, with much precision and force, the injurious effects of these regulations. But their objections and complaints had reference chiefly to the unconstitutionality of the laws imposing high duties by way of impost, and confining their com- mercial intercourse to certain countries and ports, as was then done. They remonstrated against these statutes, chiefly as infringements of the rights and
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liberties of the province : and yet they failed not to speak of them as unfavorable to the prosperity. of the colony, and as a great hindrance to enterprise and wealth. The duty on molasses, of which great quan- tities were used in the province, as well for their distilleries, as for an article of consumption among sailors, fishermen and others of the common class of people, was very oppressive ; amounting to fifty per cent. of its first cost in the West India islands. There were sixty-three distilleries in the province, where this article was manufactured into spirit ; which was also used by sailors and laborers, and sent to most of the southern colonies. With a small duty, this had been a profitable importation. And it was obtained for the poorer sort of fish, taken by citizens of the province, which would not be proper for the markets in Europe. But at the increased rate, scarcely any profit was realized from the trade. In their exportations also of fish, and the return cargo obtained for this article, they were much restricted. They were not permitted, by the acts of Parliament, to carry fish to any but British islands in the West Indies ; when a great portion would have found a ready market in the French islands; and the pro- ducts of that climate obtained on more favorable terms. They were also prohibited from bringing wines, fruits, &c. from Spain, Portugal and the Med- iterranean. They were thus obliged to make circui- tous voyages, which increased the costs of navigation, and subjected the trade to great disadvantages. The specie, for which their cargoes of fish sold, was remitted to England for the purchase of their manu- factures. The trade between the province and Great Britain would have been much in favor of the latter, even without these restrictions : and had it been free and uncontroled, it would have added greatly to the wealth and prosperity of the people in America. But the parent state had never regarded with a gen- erous and fostering care, the commercial interests of
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the province. They seemed jealous, rather, of its prosperity and growth. And in their narrow and selfish policy of encouraging their own trade, had often injured, not only the colonies, but eventually Great Britain herself. A great inequality existed, in the laws, on this subject, between the citizens in America and in England, which could not but give offence to the colonists. The duties on all articles imported into this and the other provinces were so high, that, with the restrictions on commercial enter- prise, no profits accrued from such pursuits. And while the taxes were very great, their means were scanty for the payment of them.
This subject occupied the attention of the House of Representatives at the June session, 1766, and at that which followed in November of the same year. Several committees were appointed to consider the difficulties which existed in relation to the trade of the province ; and to propose measures for remedy- ing the evil. The merchants of Boston were con- sulted, and letters were addressed to the agent in England, to apply to ministers for redress. But
instead of obtaining relief, new burdens were impos- ed. The ministry at first proposed a reduction of some duties, on these petitions and representations : but they could command but a small majority on any questions ; and through the opposition of the mercan- tile part of the kingdom, joined to their political opponents, they were unable to alter or repeal the acts respecting the trade of the colonies, which gave so much dissatisfaction. CHARLES TOWNSEND, one of the political friends of the old administration, was made Chancellor of the Exchequer this year; and he introduced a bill into Parliament, laying duties on paper, glass, tea, and some other articles imported into the American colonies. Some trifling advan- tages resulting from permission to carry lumber, pot- ash and flaxseed to Ireland, with less restrictions than heretofore, and to store sugars, which were
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destined for transportation, without payment of duties, were far from giving quiet to the people, under the other restrictions and heavy duties laid on their trade .* And the appointment of Custom- House officers, who were sent into the province from England, added much to the general dissatisfaction. The people would have preferred officers selected in the province, who would have more feeling for their fellow citizens; and would probably have been less exceptionable in the manner of executing the laws. The conduct of these officers for collecting the reve- nue was frequently arbitrary and insolent ; and served to increase the discontent of the people on account of these oppressive acts. No doubt, there were some attempts to evade their notice, and to avoid payment of the duties required. But a few instances furnished no sufficient reasons for employing such a number of revenue vessels and officers as were put into the service, at a great expense ; or for seizing and de- taining vessels on suspicion, as was often done, to the great cost and vexation of the owners.t
The people and the legislators of the province had, in truth, much to alarm them, and to call forth fre- quent expressions of complaint. And the officers and agents of the British government were so dispos- ed to exercise their power as to displease the more intelligent, and to give to the common people an impression very unfavorable as to the views of admin- istration. They magnified every degree of opposi- tion or dissatisfaction in the people of the province ; and represented them to the king and ministers as factious, and wholly indisposed to all just subordina- tion and obedience. . Had these agents been prudent and conciliatory, and had ministers, at the time of repealing the stamp act, followed up that measure by others, which a consistent policy would have dictated,
* Some new ports were also opened to them in the West Indies ; but under such restrictions as afforded no great advantages.
't For, on acquittal, there was no allowance for costs or detention.
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and relaxed in their restrictions on trade and in the high rate of impost duties, the colonies would proba- bly have been long quiet in their dependence on England. The spirit of discontent grew out of the oppressive measures of administration ; and not from any ambition in the patriots in America of being in- dependent of the parent state. The demands of ministers were severe and arbitrary. The people in the colonies endured many acts of injustice and op- pression. And when at length they opposed or remonstrated, such opposition had become necessary, for the preservation of rights transmitted them by their ancestors; and of which the government of England had not before attempted to deprive them.
About this period, when it was found that memo- rials and remonstrances were unavailing, a measure was adopted by the merchants and others, the only one short of direct and forcible opposition to the British government ; which was the refusal to import and use goods manufactured in England. This was not done, so early, by any legislative act in the pro- vince ; but was equally effectual, as it was an agree- ment among the merchants, who were disposed, in their individual capacity, to assist the patriotic rulers, in contending against the arbitrary power of Britain. From twelve to fifteen large ships arrived annually in the harbor of Boston, laden with articles chiefly of British manufactures. Other ports in the colonies also imported to a large amount. But it was now agreed by the merchants, generally, not to import any more goods from England, until the duties recently impos- ed were withdrawn, or greatly reduced. By this measure, they intended not only to show their disap- probation of the conduct of administration, in the restrictions and high duties laid on trade, but it was expected, that the manufacturers in England would suffer, in some degree, by a want of market for their goods ; and would probably have an influence in changing the policy of ministers towards the Ameri-
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can colonies. The effect produced was not so great as had been anticipated ; and administration were too obstinate, or too firm, in their purposes, to yield on account of such a partial difficulty. It is supposed, however, to have had some effect at a later period, when the resolution not to import British goods be- came more general. Even the females in many places were animated by a spirit of patriotism on this occasion ; and united, in their resolutions, to make less use of ornamental dress, as well as of the delicate article of tea, to which they had become much at- tached. So sensible were all classes of people, of the oppressive regulations of trade ; and so ready to submit to any privations for the liberties of their country.
The mutiny act, passed by the British Parliament in 1765, had, at its first publication, occasioned much alarm and apprehension to the friends of civil liberty in the colonies : for it authorized the King and his ministers to order any number of troops to America, they might think proper ; and it provided, that, in certain cases, they should be quartered upon and supported by the people. This measure was justly considered both oppressive and dangerous : and, though not carried into immediate execution, was pregnant with mischiefs, which the discerning patriots contemplated with much anxiety. This plan, it should be recollected, was connected with the system of imposing taxes and duties in the colonies, for the purpose of a revenue, to be applied by the adminis- tration of the parent state. And it was the inten- tion, no doubt, that, whenever necessary, the mili- tary should assist in the execution of these obnoxious laws. Other considerations might, indeed, enter into the policy of ministers. They might think it im- portant to have regular troops in the colonies, in case of another war with France: for the British were desirous of extending their territories in North America, with a view to render the kingdom more
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powerful, and to open a greater field for their trade and manufactures. But the royal party in Massa- chusetts were known to have represented the Gen- eral Assembly of this province as too favorable to the people, to assist the Executive in enforcing oppres- sive laws; especially those, which, it was believed, Parliament had no just authority to enact for the colonies ; and to have suggested the necessity of a military force. The intelligent patriots of Massa- chusetts believed that the legitimate powers of gov- ernment might be duly exercised, without such aid ; and they considered the arrival of regular troops, to be stationed in the province, as a measure of danger- ous tendency. In the autumn of 1766, several com- panies of royal artillery arrived in the harbor of Boston ; and it was reported that more had been ordered. As the General Court was not in session, when they arrived, the Governor, by advice of Coun- cil, directed that provision should be made for them, at the expense of the province, although there was no law of the Provincial Legislature for it. This was viewed as an infringement on the rights of the representatives, who had the sole constitutional au- thority, as they contended, of raising and appro- priating the public money : and when they met in January, 1767, they complained of this conduct to the Governor and Council. The Council referred the House to the Governor, for the reasons on which provision had been ordered for the British troops, as it was done under his particular direction. When inquiry was made of him on the subject, he stated the necessity of the case, as on a former similar occa- sion ; and referred also to the mutiny act for author- ity ; which provided that the several colonial govern- ments should maintain the troops stationed in their respective provinces. But this was far from giving satisfaction to the House, who claimed the right, the act of Parliament notwithstanding, of voting all monies to be paid by the people of the province, and
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to determine also for what specific purpose it was to be applied. And they argued, with much reason, that, otherwise, the Executive might subject the pro- vince to an expense of an incalculable amount, with- out the consent of the representatives, who must therefore raise money to meet it, however they might disapprove of the object. Here indeed was involv- ed the great principle, of the right of the British Parliament to tax the subjects in the colonies, which they had been long resisting. This, therefore, was a new source of complaint and irritation : And the general discontent was increased by a full belief, that it was by the recommendation of the Governor and his political friends, the troops had been sent over. In this insidious plan, they saw a foundation for per- petual collision and dissatisfaction ; and the prepara- tion of means to enforce the most arbitrary laws ; and to have a regular military power, distinct from the legislative and civil authority of the province, to empoverish and enslave the people.
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